|SAME AS||No Same As|
|COSPNSR||McDonough, Montesano, Crouch, Raia, Ra, Giglio, Barclay, Blankenbush, Garbarino, Finch, Hawley, Malliotakis, Friend, Butler, Murray|
|MLTSPNSR||DiPietro, Lawrence, Oaks, Thiele, Walter|
|Amd §§202 & 203, Ed L|
|Relates to the election of regents.|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4000 SPONSOR: Graf (MS)
TITLE OF BILL: An act to amend the education law, in relation to the election of regents   PURPOSE: The purpose of this bill is to reform the method in which the board of regents is selected. Currently, the board of regents is appointed. This bill intends to implement an election process to ensure tax-payer repre- sentation, and increase accountability of the board.   SUMMARY OF PROVISIONS: Amends Section 1, Subdivisions 1 and 2 of section 202 of the education law, subdivision 1 as amended by chapter 296 of the laws of 1984 and as designated by chapter 892 of the laws of 1985.   JUSTIFICATION: People throughout the state have voiced their dissatisfaction in the process by which members of the board of regents are selected. This bill will allow people to vote for their board of regents representative in their Judicial District. This will give residents of the State of New York a greater say in the direction of the education of their children.   FISCAL IMPLICATIONS: $1.3 million dollars per year plus the cost of putting the name on the ballot during the elections.   LEGISLATIVE HISTORY: A.2489-A of 2015-16. A.8389 of 2013-14.   EFFECTIVE DATE: This act shall take effect immediately.
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STATE OF NEW YORK ________________________________________________________________________ 4000 2017-2018 Regular Sessions IN ASSEMBLY January 30, 2017 ___________ Introduced by M. of A. GRAF, McDONOUGH, MONTESANO, LUPINACCI, CROUCH, RAIA, RA, GIGLIO, McLAUGHLIN, BARCLAY, BLANKENBUSH, GARBARINO, FINCH, LOPEZ, HAWLEY, MALLIOTAKIS, FRIEND, BUTLER, MURRAY -- Multi-Sponsored by -- M. of A. DiPIETRO, LAWRENCE, OAKS, SALADINO, THIELE, WALTER -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to the election of regents The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 1 and 2 of section 202 of the education law, 2 subdivision 1 as amended by chapter 547 of the laws of 1993 and subdivi- 3 sion 2 as amended by chapter 296 of the laws of 1984 and as designated 4 by chapter 892 of the laws of 1985, are amended to read as follows: 5 1. The University of the State of New York shall be governed and all 6 its corporate powers exercised by a board of regents the number of whose 7 members shall at all times be [ four more than the number of the then] 8 thirteen, one representing each existing judicial [ districts] district 9 of the state [ and shall not be less than fifteen. The regents in office10 April first, nineteen hundred seventy-four shall hold office, in the11 order of their election, for such times that the term of one such regent12 will expire in each year on the first day of April. Commencing April13 first, nineteen hundred seventy-four, each regent shall be elected for a14 term of seven years, each such term to expire on the first day of15 April]. Commencing on April first, nineteen hundred ninety-four, each 16 regent shall be elected for a term of five years, each such term to 17 expire on the first day of April. Commencing on January first, two 18 thousand eighteen, each regent shall be elected for a term of four 19 years, each such term to expire on the thirty-first day of December. 20 Each regent shall be elected [ by the legislature by concurrent resol-21 ution in the preceding March, on or before the first Tuesday of such22 month. If, however, the legislature fails to agree on such concurrentEXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05661-01-7A. 4000 2 1 resolution by the first Tuesday of such month, then the two houses shall2 meet in joint session at noon on the second Tuesday of such month and3 proceed to elect such regent by joint ballot] at a general election held 4 in November. 5 2. All vacancies in such office, either for full or unexpired terms, 6 shall be so filled that there shall always be in the membership of the 7 board of regents at least one resident of each of the judicial 8 districts. A vacancy in the office of regent for other cause than expi- 9 ration of term of service shall be filled for the unexpired term by [ an] 10 a special election [ at the session of the legislature immediately11 following such vacancy in the manner prescribed in the preceding para-12 graph, unless the legislature is in session when such vacancy occurs, in13 which case the vacancy shall be filled by such legislature in the manner14 prescribed in the preceding paragraph, except as hereinafter provided.15 However, if such vacancy occurs after the second Tuesday in March and16 before a resolution to adjourn sine die has been adopted by either17 house, then the vacancy shall be filled by concurrent resolution, unless18 the legislature fails to agree on such concurrent resolution within19 three legislative days after its passage by one house, in which case the20 two houses shall meet in joint session at noon on the next legislative21 day and proceed to elect such regent by joint ballots; provided, howev-22 er, that if the vacancy occur after the adoption by either house of a23 resolution to adjourn sine die, then the vacancy shall be filled at the24 next session of the legislature in the manner prescribed in the preced-25 ing paragraph] that must be called by the governor to fill such 26 position. 27 § 2. Section 203 of the education law is amended to read as follows: 28 § 203. [ Officers. The elective officers of the university shall be a29 chancellor and a vice-chancellor who shall serve without salary, and30 such other officers as are deemed necessary by the regents, all of whom31 shall be chosen by ballot by the regents and] Chancellor. The regents 32 shall choose by ballot from the thirteen members of the regents a chan- 33 cellor who shall hold office during their pleasure; [ but] no election, 34 removal or change of salary of [ an elective officer] a chancellor shall 35 be made by less than six votes in favor thereof. Each regent [ and each36 elective officer] shall, before entering on his or her duties, take and 37 file with the secretary of state the oath of office required of state 38 officers. 39 The chancellor shall preside at all convocations and at all meetings 40 of the regents, and confer all degrees which they shall authorize. In 41 his or her absence or inability to act[ , the vice-chancellor, or if he42 be also absent,] the senior regent present[ ,] shall perform all the 43 duties and have all the powers of the chancellor. 44 § 3. This act shall take effect immediately.